Billy R. Higginbotham, Jr. v. State

OPINION

Opinion by

Justice MOSELEY.

In a case arising out of the construction of a log home by Billy R. Higginbotham, Jr., for Joe Huff and his wife, Higginbotham was convicted by a jury of theft of over $1,500.00 but less than $20,000.00 and is now appealing that conviction. See Tex. Penal Code Ann. § 31.03 (West Supp. 2011). Under Higginbotham’s contract, he was to construct the log home on the Huffs’ property for $228,919.00. Under the payment arrangements utilized by the parties, Higginbotham would submit to the Huffs what the parties refer to as a “draw,” this consisting of an invoice or…